PENNSYLVANIA R. CO. v. LUTTON

No. 5043.

29 F.2d 689 (1928)

PENNSYLVANIA R. CO. v. LUTTON.

Circuit Court of Appeals, Sixth Circuit.

December 7, 1928.


Attorney(s) appearing for the Case

Norman A. Emery, of Youngstown, Ohio (Harrington, De Ford, Huxley & Smith, of Youngstown, Ohio, on the brief), for plaintiff in error.

John Ruffalo, of Youngstown, Ohio (Ruffalo & Wall, of Youngstown, Ohio, on the brief), for defendant in error.

Before DENISON, MACK, and MOORMAN, Circuit Judges.


DENISON, Circuit Judge.

Lutton was brakeman on a freight which entered the Youngstown yards, moving east upon the south or main passenger track. His train, after stopping in the yard, was ordered to cross over to the next track south, called the east-bound freight. This cross-over or ladder track, running southeasterly, was substantially a continuation of a yard lead track, which came up from that direction and led into the east-bound freight at a point immediately...

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